CONTINENTAL BANK v. PHOENIX INS. CO.

Docket No. 38925.

24 Cal.App.3d 909 (1972)

101 Cal. Rptr. 392

CONTINENTAL BANK, Plaintiff and Appellant, v. PHOENIX INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

April 14, 1972.


Attorney(s) appearing for the Case

COUNSEL

Caidin, Kalman, Hartman & Sampson and Newton Kalman for Plaintiff and Appellant.

Robert E. Brimberry and James D. Vogt for Defendant and Respondent.


OPINION

DUNN, J.

Plaintiff bank sued for money allegedly owing from defendant, based upon defendant's issuance of a surety bond to plaintiff. From a judgment for defendant after a nonjury trial, plaintiff appeals. Appellant contends the court's findings VIII and IX are unsupported by evidence and, additionally, that such findings are "erroneous as a matter of law."

(1) We must view the evidence in a manner tending...

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